Territory v. Evans

Citations

• 2 Idaho 425
• 17 P. 139
• 1888 Ida. LEXIS 10

Syllabus

<p>Indictment fob Murdeb, if it Sufficiently Describes Crime,, will be Sustained. — In determining the offense charged in an indictment, all parts of the instrument will he considered together, and if from the whole it appears that a crime is sufficiently alleged, it will he sustained.</p> <p>Instructions Requested. — In criminal prosecutions, as in other actions, instructions to the jury must he based upon some evidence in the ease. If they do not, when requested, they should be refused.</p> <p>Same — If Given for Murder in First Degree, will Sustain Verdict for Second Degree: — An instruction to the jury, upon which defendant is convicted of murder in the second degree, though objectionable as defining murder in the first degree, is sufficient to sustain the verdict as found.</p> <p>Reviewing Instruction — Whole Charge to Jury will be Considered. — In reviewing alleged errors on appeal from a judgment in a criminal case, where objection is made to specific instructions, the entire charge will be considered together, and if it fairly and correctly presents the law bearing upon the issues tried, the appellate court will not disturb the judgment.</p> <p>Presumptions. — Presumptions are in favor of the decision! of the court, and where a reversal of a judgment is sought on the ground of error, the ruling of the court will be sustained unless sufficient facts appear in the record to show that error was committed.</p> <p>(Syllabus by the court.)</p>